U. S. Supreme Court Justice I. M. Fehr

U. S. Supreme Court Justice I. M. Fehr

You are a law clerk for U. S. Supreme Court Justice I. M. Fehr. Congress recently passed a statute requiring all institutions of higher education that receive federal grant money to guarantee a minimum percentage of seats to people of color. Rebecca Black, a young, poor, inner-city, Caucasian woman claimed that she was denied her Constitutional right to Equal Protection when she was denied admission to college in favor of less qualified men and women of color, some of whom having greater financial means. Justice Fehr is undecided and wants you to write a memo describing how certain philosophers and philosophical schools of thought might impact her decision. She also respects your judgment and asks that you reach and defend your own conclusion.

Justice Fehr is particularly interested in understanding how the following philosophers and/or their philosophical schools of thought would analyze this issue:

1. H.L.A. Hart
2. David Dworkin
3. Oliver Wendell Holmes/Karl Llewellyn
4. Hans Kelsen
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